The filing included a sworn affidavit in which Updyke said his monthly gross income was $3,030 and his monthly expenses were $2,760.

Updyke's monthly expenses

Cost

Rent/Mortgage

$825

Utilities

$490

Food

$400

Health care/Medical

$675

Car payment/Transportation

$300

Probation fee

$70

Total

$2,760

Updyke listed his liquid assets as a wedding ring valued at $1,000, two television sets and one computer.

He was sentenced to three years imprisonment for poisoning Auburn's iconic oak trees -- long part of the university's victory celebration -- in late 2010, after Alabama lost to Auburn in the Iron Bowl.

Updyke, who has since been released on probation, was ordered last month to pay $796,731.98 in restitution.

In his legal opinion, Judge Jacob Walker III wrote that Updyke can afford the monthly payment of $500.

Prosecutors had initially sought $1.35 million in damages under a state law that allows victims of unlawful damage to agricultural facilities to seek twice the damages.

Prosecutors estimated the actual damages at $675,209 in court documents. However, the university plans to revitalize Toomer's Corner and replace the trees at a cost of $1.2 million to $2 million.

Walker has given state prosecutors until Jan. 10 to respond to the motion.